Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'
Seebohm, Frederic
Anglo-Saxons; Law, Anglo-Saxon; Law, Medieval; Tribes -- Great Britain
Gif feor cuman man oððe fremde buton wege geond wudu gonge ⁊ ne
hryme ne horn blawe for ðeof he bid to profianne oððe to sleanne
oððe to alysanne.
The close resemblance between these clauses confirms the suggestion that
the expression ‘gesithcund’ in the Kentish laws of Wihtræd may have been
borrowed from Wessex. Nowhere else than in these contemporary laws of Ine
and Wihtræd does the term gesithcund appear, except in the fragments of
Mercian law, which may thus belong to the same period.
VI. THE DIVISION OF CLASSES UNDER KENTISH CUSTOM.
We have now examined the Kentish laws especially regarding the amount of
the wergelds and mund-byrds. Although we may not have arrived at absolute
certainty, yet some light may have been thrown upon the important matter
of the division of classes.
[Sidenote: Mund-byrds of King, eorl, and ceorl.]
So far as the amounts of the wergeld are concerned, the contrast was
between the eorl and the freeman, the wergeld of the eorl being three
times that of the freeman. But as regards the mund-byrd the contrast was
between eorl and ceorl. The mund-byrds were:--
King 50 Kentish scillings
Eorl 12 ”
Ceorl 6 ”
There must evidently be either identity of meaning or much overlapping
in the terms freeman and ceorl. Otherwise the ceorl would be without a
wergeld and the freeman without a mund-byrd.
And yet, on the other hand, there was probably some reason why the
particular words used were chosen in the several clauses, and to a
certain extent it may not be far to seek.
[Sidenote: The ceorl was a man with a household and flet and so had a
mund-byrd.]
So far as the word _ceorl_ had a special sense, it meant the married
man,[310] the husband with a homestead and household, like the
North-country husbandman with his husbandland. In this special sense
every ceorl may have been a freeman, but every freeman may not have
been a ceorl. Hence in the clauses as regards mund-byrd the contrast
is between the eorl and the ceorl. Both were men with homesteads and
households. Unless they had persons under their ‘mund’ they could not
have had corresponding mund-byrds. The freeman who did not happen to be
a man with a homestead and household could have no mund-byrd, because he
had no precinct within which his peace could be broken, and no household
under his protection. But he could have a wergeld.
So, again, in the clauses quoted relating to injuries done to servants in
the Laws of Ethelbert:--
14. If a man lie with an eorl’s birele, let him make bot with xii
scillings.
16. If a man lie with a ceorl’s birele, let him make bot with vi
scillings. If with a theow of the second class, l sceatts; if
with one of the third class xxx sceatts.
25. If any one slay a ceorl’s hlafæta, let him pay bot with vi
scillings.
Public-domain text, read in full here on John Shaqi.
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